JEFFERSON COUNTY, Colo. — The family of a man who was killed at a Tesla charging station in Edgewater believes his race played a role in the suspect's acquittal.
Jeremy Smith, 40, was ordered released from custody on Wednesday after the jury found him not guilty of the two felony counts brought against him — second-degree murder and reckless manslaughter — in connection with the shooting. He pleaded not guilty to both charges on Sept. 23, 2024.
Jurors reached their verdict less than a day after deliberations began in the six-day trial, which saw the defense argue that Smith was acting in self-defense at the time of the deadly shooting. The defense also claimed that 33-year-old Adam Michael Fresquez, who was identified as the victim in the shooting, was the aggressive driver who escalated the situation and was trying to pick a fight with Smith.
The prosecution, however, showed a video of the two men as they were engaging in the road rage incident before pulling into the Edgewater Public Market. Prosecutors argued that both men were equally responsible for the road rage.
But defense attorneys claimed Fresquez was the one who "pulled out a gun and pointed it directly at Smith's face" before putting it back in his waistband.
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Edgewater Tesla charging station shooting suspect acquitted of murder
"I just... I just couldn't believe it," said Juan Mendez, Fresquez's father.
Fresquez's mother, Lena Fresquez-Mendez, told Denver7 that "devastation" is an understatement for what she's feeling.
"Because if there's a word that describes something even worse, like something coming in and grabbing you and pulling everything out, that's how I felt," Fresquez-Mendez said. "From day one, I've always said, you know, I needed facts. I wanted a fair trial, a fair investigation. And I didn't get either. I feel like the jury, they didn't care that the facts were there. They did not care what this man did."
Immediately after the shooting, advocates surrounded the Fresquez family and called for an investigation into the Edgewater Police Department.
"Jeremy killed him and went home for seven months, and only through community advocacy and tons of work was he arrested seven months later. So we knew from the very beginning that the trial was going to be difficult," said Casey Childers with Denver Justice Project.
Fresquez's family said the prosecutors made good arguments in court, but they believe race played a role in the verdict.
"It was not about truth, it was not about facts. It was about Adam being a Latino. And I never thought I would have to say that because I've never — until this has happened to us — we've never had to deal with anything like this," Fresquez-Mendez said.
"This was never structured to be a fair trial, and this is what Black and brown people deal with on a regular basis when going through the criminal legal system," said Alexander Landau with Denver Alliance for Street Health Response.
An Edgewater police report that was given to Denver7 by advocates shows Smith was involved in a road race incident in 2021. According to the report, Smith got into an argument with a man over a parking spot at Lakewood Planet Fitness. Smith allegedly pepper-sprayed the man, claiming he had been threatened with a gun.
According to the report, Edgewater police searched the man and did not find a weapon. No charges were filed in that case.
"The details of that case are glaringly similar to the incident that happened between Jeremy and Adam. So in that incident, Jeremy claimed to have been threatened with a gun by someone else, and that's why he pepper-sprayed that person. When law enforcement came back, they found that guy that they claimed — that Jeremy claimed — had a gun, and they did not find a gun on him whatsoever.," said Cat Moring with Denver Justice Project.
Now that the trial has ended, Fresquez's mother said they are focusing on healing.
"We mourn. We mourn for my son who we didn't get to mourn for because we had to fight for justice," she said.
"Even though the verdicts came back the way they did, it is never a waste of time to fight for justice," Landau added.
In 2023, Denver7 spoke with Jeremy Smith's mother, Gail Sudduth, who believed her son's actions were justified because he felt his life was in danger.
"His life was threatened and he did what he had to do. I love my son, he’s a good kid. He’s working very hard to support his family." Sudduth said at the time.
The First Judicial District Attorney's Office on Wednesday issued a statement, saying “From the beginning, we believed in this case and were compelled to present the evidence that contradicted the defendant’s self-defense claim. The complexities surrounding self-defense claims are often best addressed by a jury, as it allows the community to uphold justice while evaluating individual actions against shared societal expectations. We thank the jury for their service throughout this important case."
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